1. Respondent in both these revisions, viz., United Commercial Bank, filed two suits, namely, O.S. Nos.84 of 1995 and 66 of 1996, on the file of District Munsif s Court, Rasipuram, against the petitioner herein.

2. Petitioner herein filed his written statement and the suits came for trial. The Manager of the Bank (Plaintiff) was present. But he was not in a position to proceed with the trial. In both the suits, the trial Court delivered judgment after stating thus:-

“This case is posted today for trial as NFA. At the time of calling, the plaintiff viz., UCO Bank represented by its Manager Mr.V. Krishnan was present but he refused to give evidence.

It seems that he is not willing to conduct his case. Hence it is unnecessary to keep the case bundle for a long time as a pending case. Accordingly, this suit is dismissed for non- prosecution of the case. Cost Rs. 1,000”.

3. Against that judgment, two appeals were filed as Appeal Nos.124 and 125 of 1996, on the file of Sub Court, Namakkal.

4. Before the lower appellate Court, the question of maintainability of the appeals was argued by the petitioner herein. It was contended before the lower appellate Court that since the